Disposed

Manu Gopal v. State of U.P. and Another

Allahabad HC24 Apr 2025A483/91/2025

Case brief

AI extract

What is this about?

This application under Section 483 Cr.P.C. sought to expedite pending proceedings in a cheque dishonour complaint. The court directed the trial court to summon the accused within three months and ensure expeditious disposal with the assistance of all stakeholders.

What did the court decide?

The court was directed to procure the accused's presence within three months and ensure expeditious disposal of the trial.

Manu Gopal vs State of U.P. and Another — Cheque Dishonour | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:63119

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Court No. - 80

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Case :- APPLICATION U/S 483 No. - 91 of 2025

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Applicant :- Manu Gopal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akshay Upadhyay,Khwaja Shamshad Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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This application under Section 483 Cr.P.C. has been filed with a prayer to direct the court concerned to expedite the proceedings of Complaint Case No. 1876 of 2023, under Section 138 Negotiable Instruments Act, P.S.- Civil Lines, District- Allahabad pending in the Court of learned Special Judge, N.I. Act-II, Allahabad expeditiously within a stipulated period.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State.

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It is submitted by the learned counsel for the applicant that summoning order in the matter was passed on 22.9.2023 and the opposite party no.2 was summoned to face trial under Section 138 Negotiable Instruments Act. The trial is pending at the stage of appearance and only dates are being fixed. The Court concerned is not taking proper interest to decide the said case. Applicant in this case has suffered monetary loss. The accused is not cooperating with the case.

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I have considered the submissions and perused the entire record.

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In the circumstances, the Court concerned is directed to take all possible measures to procure the presence of the accused / opposite party no. 2 by sending appropriate process to him within three months from the date of production of certified copy of this order before it and thereafter all endeavours shall be made by it for expeditious disposal of the case, if there is no legal impediment

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It is also made clear that the Court / Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and executive authorities, counsels, parties to the case, staff etc. are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case.

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With the above observations, the application stands disposed of .

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Order Date :- 24.4.2025 Fhd

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Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad

Manu Gopal v. State of U.P. and Another

Case brief

What is this about?

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Manu Gopal v. State of U.P. and Another

Case brief

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